New York A 1009: Relates to certain criminal penalties for driving while impaired by alcohol or drugs

Bill Text

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A01009 Summary:

BILL NOA01009 

&nbsp

SAME ASSAME AS S07613

&nbsp

SPONSORMagnarelli

&nbsp

COSPNSRGriffin

&nbsp

MLTSPNSR

&nbsp

Amd §§1192 & 1193, V & T L

&nbsp

Relates to certain criminal penalties involving required alcohol and drug rehabilitation for driving while impaired by alcohol or drugs.

Go to top A01009 Actions:

BILL NOA01009 

&nbsp

01/08/2025referred to transportation

01/07/2026referred to transportation

01/21/2026reported referred to codes

Go to topA01009 Committee&nbspVotes:

Committee:TRANSPORTATION Chair:Magnarelli 
DATE:01/21/2026AYE/NAY:25/0 Action: Favorable refer to committee Codes MagnarelliAyeMillerAye

LupardoAyeMcDonoughExcused

SimonAyeDeStefanoAye

WilliamsAyeDursoAye

McMahonAyeGiglioAye

GallagherAyeSlaterAye

MitaynesAyeBendettAye

De Los SantosAyeChludzinskiAye

CunninghamAye

AlvarezAye

ShresthaAye

ShimskyAye

EachusAye

BurroughsAye

WrightAye

ValdezAye

RomeroAye

HooksAye

Go to topA01009 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01009 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1009

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. MAGNARELLI -- read once and referred to the
 Committee on Transportation

 AN ACT to amend the vehicle and traffic law, in relation to mandatory
 alcohol or drug treatment relating to driving while impaired by alco-
 hol or drugs

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subparagraph (ii) of paragraph (a) of subdivision 10 of
 2 section 1192 of the vehicle and traffic law, as amended by chapter 732
 3 of the laws of 2006, is amended to read as follows:
 4 (ii) In any case wherein the charge laid before the court alleges a
 5 violation of subdivision two, three, four or four-a of this section, no
 6 plea of guilty to subdivision one of this section shall be accepted by
 7 the court unless such plea includes as a condition thereof the require-
 8 ment that the defendant attend and complete the alcohol and drug reha-
 9 bilitation program established pursuant to section eleven hundred nine-
 10 ty-six of this article, including any assessment and treatment required
 11 thereby; provided, however, that such requirement may be waived by the
 12 court upon application of the district attorney or the defendant demon-
 13 strating that the defendant, as a condition of the plea, has been
 14 required to enter into and complete an alcohol or drug treatment program
 15 prescribed pursuant to an alcohol or substance abuse screening or
 16 assessment conducted pursuant to section eleven hundred ninety-eight-a
 17 of this article [or for other good cause shown]. The provisions of this
 18 subparagraph shall apply, notwithstanding any bars to participation in
 19 the alcohol and drug rehabilitation program set forth in section eleven
 20 hundred ninety-six of this article; provided, however, that nothing in
 21 this paragraph shall authorize the issuance of a conditional license
 22 unless otherwise authorized by law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01316-01-5

 A. 1009 2

 1 § 2. Paragraph (a) of subdivision 1 of section 1193 of the vehicle and
 2 traffic law, as amended by chapter 75 of the laws of 1994, is amended to
 3 read as follows:
 4 (a) Driving while ability impaired. A violation of subdivision one of
 5 section eleven hundred ninety-two of this article shall be a traffic
 6 infraction and shall be punishable by a fine of not less than three
 7 hundred dollars nor more than five hundred dollars or by imprisonment in
 8 a penitentiary or county jail for not more than fifteen days, or by both
 9 such fine and imprisonment. Additionally, such person shall be required
 10 to enter into and complete an alcohol and drug rehabilitation program
 11 conducted pursuant to section eleven hundred ninety-six of this article.
 12 A person who operates a vehicle in violation of such subdivision after
 13 having been convicted of a violation of any subdivision of section elev-
 14 en hundred ninety-two of this article within the preceding five years
 15 shall be punished by a fin